Appeal No. 2001-2124
Application No. 09/416,914
first heating at a temperature of about 100o C. for a sufficient time with agitation to remove
the water. . . . The resulting dried phosphor is then heated.” It is a matter of speculation
whether any mixing occurs following drying of the mixture. In the absence of a teaching or
suggestion that dry mixing actually occurs, we conclude that the mixing step disclosed by
Schulze is insufficient to meet the process limitations of the claimed subject matter.
DECISION
The rejection of claim 14 under 35 U.S. § 102 (b) as anticipated by Umeya is
affirmed.
The rejection of claims 1 through 6 and 9 through 12 under 35 U.S.C. § 103(a) as
being unpatentable over Schulze in view of Aihara and Hase is affirmed.
The rejection of claims 7 through 8 under 35 U.S.C. § 103(a) as being unpatentable
over Schulze in view of Aihara and Hase and further in view of Lehmann is affirmed.
The rejection of claims 13 through 16 under 35 U.S.C. § 103(a) as being
unpatentable over Schulze in view of Aihara and Hase is reversed.
The rejection of claim 17 under 35 U.S.C. § 103(a) as being unpatentable over
Schulze in view of Aihara and Hase and further in view of Lehmann is reversed.
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